These General Terms and Conditions of Sale (GTC) are established by the company Engins BTP, a limited liability company with variable capital, whose head office is in PARIS, registered with the RCS of PARIS, under number 413566541, hereinafter referred to as the “company Engins-BTP” or “Engins BTP”.
Preamble: Definitions
Under these General Terms and Conditions of Sale, it is expressly agreed that certain names correspond to the following definitions: - Engins-BTP or The Seller: the company designated above. - The Buyer: any natural or legal person having placed a firm order for equipment and other products offered and marketed by Engins-BTP. - The Equipment: all used equipment put up for sale, distributed and marketed by Engins-BTP.
1 - Opposability of the General Conditions of Sale
These General Terms and Conditions of Sale are sent or delivered to each Buyer of Engins-BTP before the final conclusion of the contract. Consequently, any final order placed with Engins-BTP materializing by the signing of the sales contract, in the circumstances and conditions defined below, implies the Buyer's full and unreserved acceptance of these General Terms and Conditions of Sale, to the exclusion of any other document such as prospectuses, catalogs or any other document for advertising purposes issued on physical media or electronically by Engins-BTP and which have only an indicative value. No other condition may, except with the formal and written acceptance of Engins-BTP, prevail over these General Terms and Conditions of Sale.
Any contrary condition opposed by the Buyer will therefore, in the absence of express acceptance, be unenforceable against Engins-BTP, regardless of when it may have been brought to its attention. Engins-BTP is free to modify the content of these General Conditions of Sale at any time. The General Conditions of Sale applicable are those in force on the date of the order placed by the Buyer.
The fact that Engins-BTP does not assert any of these General Conditions of Sale at any given time cannot be interpreted as a waiver of the right to assert any of the said conditions at a later date.
2 - Scope of the General Conditions of Sale
Engins-BTP's main activity is the sale of used and new construction equipment, heavy goods vehicles, for which Engins-BTP cannot be held responsible for any other use by the Buyer.
These General Terms and Conditions of Sale establish the contractual conditions exclusively applicable to any purchase made from Engins-BTP. The Buyer declares and acknowledges accepting without reservation these General Terms and Conditions of Sale in their entirety. These General Terms and Conditions of Sale are communicated without delay to any Buyer who requests them, it being noted that they also appear on the company's website.
They apply equally to any order intended for delivery, whether within the national territory or abroad.
These General Conditions of Sale which cannot be modified or cancelled by stipulations which would appear in General Conditions of Purchase or commercial correspondence of the Buyer, or any other document. The nullity of a contractual clause does not entail the nullity of the General Conditions of Sale whose other clauses remain applicable.
In accordance with the regulations in force, Engins-BTP reserves the right to deviate from certain clauses of these General Conditions of Sale, depending on the negotiations conducted with the Buyer, by establishing Special Conditions of Sale.
3 - Orders - Prices
On the day of receipt of the order made by the Buyer, namely the signing by the latter of the equipment sales contract, Engins-BTP ensures the free availability of said equipment, or if not, its ability to ensure immediate availability within a time frame allowing its effective delivery on the scheduled date. Engins-BTP then sends an order confirmation to the Buyer materializing by the signing in turn of the same equipment sales contract, including these General Conditions of Sale.
The signature of both parties to the said contract implies, from the day of signature by the Seller, a firm and definitive order of the equipment(s) by the Buyer and acceptance of these General Conditions of Sale. It is therefore no longer subject to cancellation.
The Equipment is provided at the rates mentioned in the specific conditions of the sales contract signed by the Buyer. These rates are firm and not revisable during their period of validity. Any changes requested by the Buyer may only be taken into account, within the limits of the Seller's possibilities and at its sole discretion, if they are confirmed in writing. Said changes will only be deemed definitively accepted by both parties after the Buyer has signed an amendment to the specific equipment sales contract with possible price adjustment.
In the event of cancellation of the sale by the Buyer, the entire agreed price is due to the company Engins-BTP unless the latter has been notified within EIGHT (8) days from the date of signature of the contract by Engins-BTP and sent the same day to the Buyer by email after having been scanned or by any other legal means, it being up to the Seller to obtain proof of the day on which the Buyer took note of this second signature by Engins-BTP.
The total cost of the order is communicated upon sending the draft sales contract and confirmed by its signature by the Buyer. The sale price of the Equipment is that of the rates in effect on the day the order is placed, therefore corresponding to the day the sales contract is signed by the Buyer. The price is stipulated in Euros (€) and inclusive of all taxes. It does not include transport costs or any customs fees and insurance, which remain the exclusive responsibility of the Buyer.
4 - Payment conditions
The Buyer undertakes to pay the price under the following conditions:
- In cash the deposit if there is one;
- The balance on the day the Materials are sent or collected by a carrier, the deadline for which the invoice is issued.
The Seller shall not be required to deliver the Materials ordered by the Buyer if these payment and collection conditions are not strictly respected by the Buyer. Payments shall be made by the Buyer by any means of payment at his convenience and approved by the Seller, and in particular, bank transfer.
Payments by check or by any other deferred payment method used are only considered to have been made from the date of their actual collection. No discount will be applied by the Seller for cash payment, or within a period shorter than that stated in these General Conditions of Sale, or on the invoice issued by the Seller.
In the event of late payment and payment of the sums owed by the Buyer beyond the deadline set by Engins-BTP and therefore after the payment date appearing on the invoice sent to the latter, late payment penalties calculated at the rate of 10% of the amount including tax of the price appearing on said invoice, will be automatically and automatically acquired by the Seller, without any formality or prior formal notice, and without prejudice to any other action that it would be entitled to bring, in this respect, against the Buyer, such as in particular the re-invoicing of parking as provided for in the specific conditions of the sales contract.
In the event of non-compliance with the payment conditions set out above, the Seller also reserves the right to suspend or cancel the delivery of current orders by the Buyer or to suspend the execution of its obligations. Engins-BTP reserves the right, before the sale is formed, to require the Buyer to provide the guarantees it deems appropriate.
After partial execution of a contract and when a Buyer's credit deteriorates (late payment, amicable procedure for settling business difficulties, unjustified disputes, etc.) Engins-BTP also reserves the right to demand from the Buyer the guarantees it deems appropriate, with a view to the proper execution of the commitments made. Refusal to comply will give Engins-BTP the right to cancel all or part of the contract and the right to demand advance payment before delivery.
5 - Retention of title clause
In accordance with Articles L.624-16 et seq. of the French Commercial Code, and from the delivery date indicated in the sales contract serving as a purchase order by the Buyer, ownership of the Equipment is transferred to the Buyer, except in the case where full payment of the price has not been received. The transfer of ownership of the Equipment is suspended until full payment of the price by the Buyer. Any clause to the contrary, in particular inserted in the general conditions of purchase, is deemed unwritten.
The above provisions do not prevent, upon delivery of the Materials, the transfer to the Buyer of the risks of loss or deterioration of said Materials subject to retention of title, as well as any damage that they may suffer or cause.
The Buyer therefore undertakes to insure, at its own expense, the Equipment ordered, for the benefit of the Seller, by ad hoc insurance, until the complete transfer of ownership and to provide proof of this to the latter upon delivery. Failing this, the Seller would be entitled to delay delivery until the presentation of this proof. To guarantee payments not yet made, it is expressly stipulated that the rights relating to Equipment delivered but unpaid will be carried over to the Equipment in stock at the Buyer's that Engins-BTP could market to its customers, without it being necessary to charge
payments on a specific sale or delivery. This clause shall be exercised automatically in the event of recovery or liquidation of the Buyer.
6 - Transport and Delivery
Engins-BTP undertakes to make the Equipment available on the day of their delivery provided for in the special conditions of the sales contract concluded by both parties. The Seller shall not be held liable under any circumstances in the event of a delay or suspension of delivery attributable to the Buyer, in the event of force majeure, or in the event of an impediment by one of its own suppliers or intermediaries resulting in a delay.
The cost of transporting the Materials, as well as all related costs, remain the exclusive responsibility of the Buyer. Similarly, the risks associated with transport, handling,
or the storage of the Materials pending their actual delivery to the final Buyer are expressly the responsibility of the Buyer.
The Equipment, even when shipped free of charge, travels at the Buyer's own risk. The recipient Buyer must check the condition of the shipments at the time of delivery and, in the event of damage or shortage, he undertakes to retain his or the Seller's right of recourse against the carriers in the forms indicated by French law. When the Equipment is delivered to the address indicated on the sales contract by a carrier, it is up to the Buyer to check the condition of the Equipment delivered in the presence of the delivery person and, in the event of damage or shortage, to issue reservations on the delivery note or on the transport receipt, and possibly to refuse the Equipment and notify the Seller.
In the event of damage or shortage, the recipient must in particular carry out the following three steps: - enter clear, precise and complete reservations on the transport documents upon delivery, - confirm these reservations to the carrier by registered letter with acknowledgement of receipt within 72 hours of receipt, - inform the Seller of the damage noted, by registered letter with acknowledgement of receipt within 72 hours of receipt.
All Materials being carefully checked before shipping, the Seller will not be able to accept any claim for breakage or removal during transport if the reservations indicated above are not made under the conditions indicated above. In the absence of reservations expressly formulated in writing by the Buyer, within the period mentioned above from delivery, the Materials delivered by Engins BTP will be deemed to be compliant in quantity and quality at the conclusion of the sales contract. Engins-BTP will provide as soon as possible and at its own expense, either a replacement solution, or a replacement solution or simply take back at €uro for €uro the Materials delivered whose lack of conformity has been duly proven by the Buyer and within the time limits.
7 - Guarantees
If a specific warranty is granted by Engins-BTP., this is specified on the front of the order form. The warranty applies solely and exclusively to the closed components of the engine, gearbox and 4 of the rear axle. The warranty never applies to wear parts and labor. The warranty can never be invoked for damage resulting from unreasonable or inappropriate use of the vehicle, such as a lack of engine oil, insufficient oil pressure, excessively high operating temperature, insufficient braking capacity, insufficient road holding, a lack of oil or grease in the gearbox, rear axle, etc. The warranty expires automatically as soon as the customer entrusts his vehicle to a third party for maintenance or work.
8 - Contract law and jurisdiction clause
In the event of disputes to which this contract and therefore these Special and General Conditions of Sale could give rise concerning their validity, their interpretation, their execution, their termination, or any disputes, whatever the subject, the parties expressly agree to attribute exclusive jurisdiction to the Commercial Court of PARIS, even in the event of a contrary stipulation on the commercial correspondence, the orders or the General Conditions of Purchase of the Buyers, as well as in the event of a call for guarantee or plurality of defendants.
In all cases, only French law is applicable. These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more languages, only the French text shall be authentic in the event of a dispute.
9 – Acceptance by the Buyer
These general conditions of sale are expressly approved and accepted by the Buyer, who declares and acknowledges having perfect knowledge of them, and therefore waives the right to rely on any contradictory document and, in particular, his own general conditions of purchase.
Done at Le
Lu and Approved Read and approved – Good for order and good for purchase
The Seller The Buyer